Disposed¶26

Siyaram Kumar Yadav v. The Bihar State Power Holding Company Limited

Patna HC6 Mar 2024CWJC/3095/2024

Case brief

AI extract

What is this about?

New electricity connection refused/not accepted in Rajiv Nagar, Patna; writ against South Bihar Power Distribution Company Limited and Bihar State Power Holding Company Limited officials; Clause 4.13(B) Chapter 4 Bihar Electricity Supply Code 2007; connection on encroached Government/Semi-Government/Public land; on-line application; direction to consider and decide within one month; petitioners to apply within 10 days; writ disposed with direction; Patna High Court; Justice Anil Kumar Sinha; order dated 06-03-2024; CWJC No.3095 of 2024.

What did the court decide?

Direction to the petitioners to submit on-line applications with all requisite documents within 10 days; on such submission, respondent nos. 4 and 5 to consider the applications in accordance with law and take an appropriate decision within one month. ¶26

Siyaram Kumar Yadav Vs The Bihar State Power Holding Company Limited — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent nos. 4 and 5 (Executive Engineer and Assistant Electrical Engineer, South Bihar Power Distribution Company Limited) can be directed to accept the petitioners' applications for installation of new electricity connections at their premises in Rajiv Nagar, Patna, and to permit deposit of the requisite fees/amount, notwithstanding the information that connections in that area shall not be allowed.

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Ratio / Principle

Writ application disposed of with a direction to the petitioners to submit on-line applications along with all requisite documents within 10 days; upon such submission, respondent nos. 4 and 5 are obliged to consider the applications in accordance with law and take an appropriate decision within one month.

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Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J.), by order dated 06-03-2024 in CWJC No.3095 of 2024, disposed of a writ petition filed by three residents of Rajiv Nagar, Patna seeking a direction to respondent nos. 4 and 5 (Executive Engineer, Electric Supply Division, Danapur, and Assistant Electrical Engineer, Electric Supply Sub-Division, Digha, South Bihar Power Distribution Company Limited) to accept their applications for installation of new electricity connections and to allow deposit of the requisite fees. Petitioners' counsel submitted that their on-line applications were not accepted and that they were informed connections in the Rajiv Nagar Area would not be allowed, and relied on Clause 4.13(B) in Chapter 4 of the Bihar Electricity Supply Code, 2007, requiring grant of connection even on encroached Government/Semi-Government/Public land subject to furnishing of prescribed documents. Respondent counsel stated that on submission of on-line applications with requisite documents, respondent nos. 4 and 5 would consider the applications in accordance with law within one month. The Court directed the petitioners to submit on-line applications with all requisite documents within 10 days, and held that on such submission respondent nos. 4 and 5 shall be obliged to consider the same in accordance with law and take an appropriate decision within one month.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3095 of 2024

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======================================================

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Siyaram Kumar Yadav Son of Sri Karu Yadav, resident of Netaji Subhash Marg, Atal Nagar, Ghurdaur Road, Police Station- Rajiv Nagar, Patna.

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Ramanand Saw, son of Bhukhalu Saw, resident of Haripur Colony, PostDigha Ghat, Police Station- Digha, Patna at present resident of Magadh Colony, Ghurdaur Road, near Ma Kali Cement Store, Police Station- Rajiv Nagar, Patna.

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Sabita Kumari, wife of Jawahar Lal Pandey, resident of Uttari Nepali Nagar, near Kali Mandir Road, Police Station- Rajiv Nagar, Patna.

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... ... Petitioner/s

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Versus

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The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baily Road, Patna.

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The South Bihar Power Distribution Company Limited through its Managing Director, Vidyut Bhawan, Bailey Road, Patna.

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The General Manager-cum-Chief Engineer, Patna Electric Supply Union, South Bihar Power Distribution Company Limited, Baily Road, Patna.

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The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Limited, Danapur, Patna.

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The Assistant Electrical Engineer, Electric Supply Sub- Division, South Bihar Power Distribution Company Limited Digha, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Gyan Prakash, Adv. Ms. Parul Priya, Adv. For the Respondent/s : Mr. Kumar Manish, Adv. : Ms. Aishwarya Shankar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 06-03-2024

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Heard learned counsel for the parties concerned.

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The petitioners have filed the present writ

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application for a direction upon respondents no. 4 and 5 i.e. the Executive Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Danapur,

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Patna High Court CWJC No.3095 of 2024(2) dt.06-03-2024 2/3

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Patna and the Assistant Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Digha, Patna to accept the applications of the petitioners for installation of electric connections in the house of the petitioners and allow the petitioners to deposit the requisite fees/ amount for installation of electric connections at the premises of the petitioners, situated at Rajiv Nagar Police Station District- Patna.

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Learned counsel for the petitioners submits that the petitioners tried to submit an on-line applications for new electric connections but the said on-line applications have not been accepted. The petitioners have been informed that electric connections to the premises situated in Rajiv Nagar Area shall not be allowed.

¶22

Learned counsel relies upon Clause 4.13(B) in Chapter 4 of Bihar Electricity Supply Code, 2007, which requires the respondents to grant electric connection even on encroached Government/ Semi Government/ Public land, subject to furnishing of documents, as required under the Supply Code. Learned counsel submits that the petitioners are ready to furnish all the documents along with requisite fees, as required under Clause 4.13(B) in Chapter 4 of Bihar

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Patna High Court CWJC No.3095 of 2024(2) dt.06-03-2024 3/3

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Electricity Supply Code, 2007.

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Mr. Kumar Manish, learned counsel for South Bihar Power Distribution Company Limited submits that if the petitioners submit on-line applications for grant of electric connections along with all the requisite documents, as per the Bihar Electricity Supply Code, 2007, the respondent Nos. 4 and 5 shall consider the applications of the petitioners, in accordance with law and take appropriate decision, within a period of one month.

¶26

Having heard learned counsel for the parties and taking into consideration the rival submissions, the present writ application is disposed with a direction to the petitioners to submit on-line applications along with all the requisite documents, within a period of 10 days from today and if, such on-line application is submitted by the petitioners, respondent nos. 4 and 5 shall be obliged to consider the same, in accordance with law and take appropriate decision within one month on the application of the petitioners.

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brajesh/- U

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(Anil Kumar Sinha, J)

Siyaram Kumar Yadav v. The Bihar State Power Holding Company Limited

Case brief

What is this about?

What did the court decide?

Siyaram Kumar Yadav v. The Bihar State Power Holding Company Limited

Case brief

What is this about?

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What the court decided

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